1 CGHC010189692026 2026:CGHC:29003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4776 of 2026 Krishna Luha S/o Bibana Luha Aged About 42 Years R/o Dipapalii Thana- Ulunda Dist- Sonepur Orissa ... Applicant(s) versus State Of Chhattisgarh Through - Sakari, District- Bilaspur (Chhattisgarh) ... Non-applicant(s) For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.936/2024 registered at Police Station–Sakri, District–Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 111(4), 323, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act. 2. Case of the prosecution, in brief, is that the complainant, Johnson Ekka, lodged a report alleging that he received a phone call from the main accused, who impersonated himself as a bank employee KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 and on the pretext of updating the KYC of the complainant's bank account, fraudulently obtained his banking credentials and OTP. By using the said information, the accused persons allegedly availed online loans in the complainant's name and also carried out transactions through his credit card, thereby cheating him of a total amount of Rs.26,74,701/-. During investigation, the present applicants along with other co-accused persons were arrested in connection with the aforesaid offence. After completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in judicial custody since 23.05.2025, charge-sheet has already been filed and so far as the status of the trial is concerned, out of 13 prosecution witnesses, only one witness has been examined till date and therefore, the conclusion of the trial is likely to take considerable time. He further submits that co-accused Hemant Chandra has already been granted bail by this Court in M.Cr.C. No.3701/2026 vide order dated 23.04.2026 and, on the basis of parity, another co-accused Rohit Royal has also been granted bail by this Court in M.Cr.C. No.3851/2026 vide order dated 28.04.2026, and the case of the present applicant stands on the same footing. It is also submitted that the applicant has no criminal antecedent. Therefore, he prays for grant of regular bail. 4. On the other hand, learned State Counsel appearing for the State 3 opposes the bail application and submits that the applicant is involved in a well-organized cyber fraud whereby the complainant was cheated of an amount of Rs.26,74,701/- by obtaining his banking credentials on the false pretext of updating KYC. He further submits that charge-sheet has already been filed against the applicant. It is also submitted that the applicant belongs to the State of Odisha and though verification regarding his criminal antecedents from the State of Odisha has not yet been received, as per the record available in the State of Chhattisgarh, no previous criminal antecedent of the applicant has been found. However, he prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the applicant is in judicial custody since 23.05.2025, charge-sheet has already been filed before the competent Court and so far as the status of the trial is concerned, out of 13 prosecution witnesses only one witness has been examined, therefore, the conclusion of the trial is likely to take considerable time. Further considering that co-accused Hemant Chandra has already been enlarged on bail by this Court vide order dated 23.04.2026 passed in M.Cr.C. No.3701/2026 and thereafter co- accused Rohit Royal has also been granted bail by this Court vide order dated 28.04.2026 passed in M.Cr.C. No.3851/2026 on the ground of parity and the case of the present applicant appears to 4 stand on the same footing, coupled with the fact that no criminal antecedent of the applicant has been found in the State of Chhattisgarh, though verification from the State of Odisha is still awaited, this Court is of the opinion that further custodial detention of the applicant is not warranted. Accordingly, without expressing any opinion on the merits of the case, this Court is inclined to enlarge the applicant on regular bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Krishna Luha, involved in Crime No.936/2024 registered at Police Station–Sakri, District–Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 111(4), 323, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, be released on bail on his furnishing a personal bond with two local sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under 5 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal